Copy of the City of Ivins record for Planning Commission, preserved by OwnUtah.com Ivins Meetings. Official source: City of Ivins Granicus archive.
Planning Commission
IVINS CITY
PLANNING COMMISSION
MINUTES
June 18, 2024
435-628-0606


1)
WELCOME AND CALL TO ORDER
NOTICE: This meeting will be held in person and electronically.  You may watch the live audio and video feed by going to www.ivinsutah.gov under "Upcoming Events".  When the meeting is live, it will reflect "In Progress" - click on the "In Progress" link to watch the meeting live.  The Commissioners may attend via telephone conference if they are unable to attend in person.  The anchor location will be the Ivins City Council chambers located at 85 North Main Street, Ivins, Utah 84738.
CHAIRMAN AND COMMISSIONERS:   The meeting was called to order at 05:30 p.m. All present included Chair Pam Gardiol, Commissioner Dave Robinson, Commissioner Doug Clifford, Commissioner Perry Brown, and Commissioner Brandon Weight.
Staff Attending: Bryan Pack-City Attorney, Mike Haycock-Building and Zoning Administrator and Sharon Allen-Deputy City Recorder.
Audience Attending: Sharon Gillespie and Bonnie Kline.
A. Acknowledgement of Quorum
B. Flag Salute--Chair Pam Gardiol
C. Invocation--Chair Pam Gardiol
D. Disclosures-None.

2)
REPORTS, PRESENTATIONS AND APPOINTMENTS-None.

3)
PUBLIC HEARING AND ACTION ITEMS-None.

4)
DISCUSSION AND POTENTIAL ACTION ITEMS
A. Discuss Chapter 11 and 12 regarding Accessory Dwelling Units and Lot coverage.
Chair Pam Gardiol thanked the Planning Commission for the excellent discussion last meeting. She sees in the minutes that there were to be some examples or data on categories related to this chart, with average size of lots, homes, setbacks, footprints and zones. Is that where we are starting this discussion? Mike Haycock stated that July 2nd is not a meeting so he got this table ready early. The upper part is just percentages if you were to use the number on lot sizes. The lower table shows lot sizes and then subtracting out those typical setback dimensions to get the buildable area. We typically build setback to setback in those smaller areas. 15k square feet is where he wants to go from setback to setback to maybe having a more open concept neighborhood. One place to go look at more open neighborhoods is Padre Canyon. He needs to put together a list of properties to look at different densities on different properties. This is a good starting point to have our conversation on lot coverage area. Chair Pam Gardiol inquired if we can get those addresses before next meeting? Mike Haycock stated he will have a list by the end of the week and email it out. But if you drive through that subdivision, you can get a good idea of the larger size lots. Commissioner Dave Robertson inquired what is the smallest lot in Padre Canyon? Most are upwards of an acre. Mike Haycock stated some are under an acre, because people have asked for a subdivision but their lot is not big enough to split those lots. 37k square feet is the zone in Padre Canyon. Commissioner Dave Robertson stated that looking at the lots in Padre Canyon barely brushes the top part of our list. We are looking at other lot sizes as well. Mike Haycock stated that there are very few RE-20 and they are also built property line to property line. They don't look as dense as the smaller neighborhoods. Setbacks are a little bigger in those larger zones. Chair Pam Gardiol stated she wants to see the breadth of representation of these densities. Commissioner Perry Brown stated he would like to see examples of 15k square foot lots that have detached Accessory Dwelling Units. Mike Haycock stated examples of those would be like S&S Homes. Those are basically everywhere and we haven't ever regulated lot coverage, so there is not anything that controls that type of housing. This is our first time looking at it that way. Right now, if an Accessory Dwelling Unit is within ten feet, it is considered attached. On that type of smaller lot size, detached units are rare. Commissioner Doug Clifford stated that we don't take into consideration basements either. He would like to see those areas where we have large lots that aren't utilizing the land. A lot of homes here would qualify for an Accessory Dwelling Unit. Mike Haycock stated in old Ivins they have smaller houses, so they may have an acre so the maximum Accessory Dwelling Unit is 600 square feet even though you have a huge parcel. Commissioner Doug Clifford stated if someone wanted to, they could do a lot split. Mike Haycock stated that could create a flaglot on the second lot. He would prefer an Accessory Dwelling Unit to a flaglot. A full-size house also creates more pressure on a neighborhood. With the cost of land, he is surprised we don't see more of those types of applications though. Commissioner Dave Robertson inquired if the current law is 600 square feet? Mike Haycock stated it depends on the size of the primary residence, 30% of the square footage of the primary residence, or 600 square feet, whichever is larger. Commissioner Dave Robinson stated that changing this would affect areas that already have those as well. Opening this ordinance up could change allow for something bigger. We will likely see more of these in the old township than in the newer subdivisions. Bryan Pack stated it is currently not the square footage of the entire home but the square footage of the actual footprint that the size is based off of. Just the main level. Mike Haycock stated to start the discussion, he has written in 1k square feet as the maximum size for an Accessory Dwelling Unit. Commissioner Dave Robertson inquired if these totals listed are including the primary residence? Mike Haycock stated yes. That is total coverage of what would be allowed. Our estate lots are 15k square feet, so he felt 15-20k square feet and 60% coverage is a good place to start. Commissioner Doug Clifford stated that he thinks we should go to 15k square feet and show that percentage as well. The people we are trying to focus on are people who would like to augment their payment with an Accessory Dwelling Units and not going to have half-acre lots. Mike Haycock stated that right now, 15k square feet goes setback to setback. 20k square feet is where it begins to limit their square footage. He will get the Commission a list of houses this next week and put this back on for the meeting third week of July.
Lot Coverage Table

B. Discuss Resort Commercial and Resort Mixed Use.
Mike Haycock stated that we have had this discussion, but Councilmember Mike Scott wanted to add some items to look into on the Resort Commercial zone. We got a recent ruling from the ombudsman that people are vested at the time of the application. SITLA is approved as a horizontal hotel under management of one person and separate structures. We can put things we want in the ordinance for Resort Commercial in areas that are undeveloped, and we can also strike the ability to ask for that zone. There is an area by Canyon Crossing, Red Mountain Resort, Sentierre and Lance Anderson's area, who is already designing his project. Commissioner Dave Robinson stated that this just eliminates that zone for anyone new. He likes it. The Commission agreed. Mike Haycock stated that Item 7H also needs stricken in Chapter 6. Bryan Pack stated we have one short-term rental overlay property. The zone still exists, so he suggests we still list the zone but make it clear we aren't accepting any new applications. We could take the Resort Mixed-Use one out though. There are not any properties that are using that zone. Mike Haycock state in Purposes, he crossed out the General Plan goal that we want to be a resort destination community. The Commission agreed. Chair Pam Gardiol stated that 7H short-term rentals overlay district needs verbiage clarified where it states it may be in the "best interest of the community." How are we defining that? Mike Haycock stated we have some zones approved for short-term rentals so we added that no further applications are being approved. We can add a note that the zone is no longer available there. The Commission agreed with that. Mike Haycock stated that there are two parcels. One is down by Hwy 91, a townhouse subdivision but we approved that without Short-Term Rentals and one is across from Hwy 91 and they may or may not use it. No one new can ask for that zone. We added a "Part Three" and if we want to add rules, this is where we would start. Chair Pam Gardiol stated that 16.27.206 (3) talks about collection, disposal and refuse of garbage. If this kind of a development is adjacent to residential, we need to list normal business hours of operation to remove that garbage. Mike Haycock stated there are no other RV applications. Commissioner Dave Robertson stated it does state that management shall enforce quiet time between 10 pm and 6 am. Mike Haycock stated that the one application we do have for RV use will have an on-site manager as well as the owners. Commissioner Doug Clifford stated there is one area on the rewrite that Councilmember Mike Scott left a lot of questions in. Mike Haycock stated that his questions were sent originally back in 2022. Bryan Pack stated that Councilmember Mike Scott had suggested design guidelines because there are none at the current time. He is suggesting including those requirements. Mike Haycock stated review what he has sent over before our next meeting. He has suggestions in there for RV parking as well. We may open other chapters up to keep the language consistent. Chair Pam Gardiol stated please send us that parking chapter as well. Mike Haycock stated he will email that over.
RC/RMU Strikeouts

RC Zone Requirements

C. Discuss and consider approval of the Ivins City Planning Commission Meeting Minutes for June 4, 2024.
Minutes

MOTION: Commissioner Perry Brown moved to approve the Ivins City Planning Commission Meeting Minutes for June 4, 2024.
SECOND: Commissioner Doug Clifford
VOTE: The motion carried unanimously.

Chair Pam Gardiol AYE
Commissioner Dave Robinson AYE
Commissioner Doug Clifford AYE
Commissioner Perry Brown AYE
Commissioner Brandon Weight AYE


5)
REPORTS
A. Planning Commission Members
Commissioner Perry Brown inquired about an email Lisa Ganz sent the Commission about regulating short-term rentals in zones where it is not allowed. Mike Haycock stated those are handled as individual complaints through code enforcement. Commissioner Perry Brown inquired if we had any teeth in regulating those? Lisa Ganz stated in her email that she doesn't think we do. Mike Haycock stated that the police department were handling those for awhile. Bryan Pack stated those are not simple cases to prosecute. The Airbnb ad is not enough. A renter needs to testify, and that is difficult to come by. Sharon Allen stated when she receives complaint calls they have to be about noise after hours, garbage or excess cars parking on the street. Those are things we can actually do something about. Bryan Pack stated it is not impossible to stop, and sending a letter of notice sometimes helps.
B. Chair
C. Building and Zoning Administrator, Mike Haycock
D. City Attorney, Bryan Pack
E. Items to be placed on future agendas.
Mike Haycock stated that the Preliminary Plan for Chinle Cliffs that is west of Hwy 91 where Mojave Flats is located, had a settlement agreement years ago based off of sensitive lands. When they submit in the next month or so, if it meets that agreement, we must approve the plan.

6)
MOTION: Commissioner Doug Clifford moved to approve ADJOURNMENT
SECOND: Commissioner Perry Brown
VOTE: The motion carried unanimously.

Chair Pam Gardiol AYE
Commissioner Dave Robinson AYE
Commissioner Doug Clifford AYE
Commissioner Perry Brown AYE
Commissioner Brandon Weight AYE